Oxford mine in Perry County nearing after EPA approval

NEW LEXINGTON - The Ohio Environmental Protection Agency authorized a surface water permit for Oxford Coal to discharge from its wastewater treatment area in Perry County into tributaries leading to Rush Creek and Buckeye Fork.

The authorization, issued on Dec. 20, is a major step forward for the Coshocton-based company to begin coal mining operations in the Perry State Forest.

The proposed project has fallen under heavy scrutiny from local opponents, who had submitted over 200 written and in-person comments with concerns over technical and legal flaws in the plan, according to a press release from Friends of Perry State Forest, a citizen group opposing the plan.

One particular point of contention comes over the financial future of Westmoreland Coal Company, of which Oxford Mining Company is a local subsidiary. With a declining coal market, the company, one of the oldest coal companies in the country, filed for Chapter 11 bankruptcy protection on Oct. 9 as it undergoes a restructuring agreement with creditors and lenders. The U.S. Trustee's Office objected to the filing earlier this month, arguing that Westmoreland's disclosure statement and plan lack a legal foundation to get out of debt.

Company officials have said the filing will not affect current and proposed projects such as the one in Perry State Forest.

"I think it's disappointing that, despite an overwhelming amount of comments and public feedback, OEPA took no action as a result of that feedback," said Lauren Ketcham, a member of Friends of Perry State Forest who owns a small farm within a mile of the proposed coal mining site. "It was clear that wasn't really a conversation. They were closing the door on the public and our feedback."

Mining companies are required to pay into a state reclamation forfeiture fund through taxes collected for each ton of coal mined. The state fund has approximately $22.5 million in it.

In the Ohio EPA Division of Surface Water response to comments made online and at public hearings, the organization said consideration for Oxford's financial capability to properly reclaim the area once mining is completed is outside the Ohio EPA's jurisdiction.

The Ohio EPA responded to many public comments, from concerns over deforestation and climate change to questions over deficiencies in the NPDES application and water quality.

"The reclamation of abandoned mine land will likely increase the water quality," officials answered to a question about the projected impact on Lake Essington.

"It's clear that the permitting process does little to protect the public, if OEPA could so hastily disregard public concern and approve a financially risky project with such little regard for the potential social, environmental, and economic impacts," Ketcham said.

Since the project is not subject to Ohio's Antidegradation Rule, "Oxford is not required to address social and economic impacts," the Ohio EPA said in their list of responses.

Ohio EPA officials said in their responses that no violations were found by the company during the surface mining on the east side of 345 along No. 8 Hollow Road. EPA officials Wednesday were not immediately able to confirm if any violations had been found for any other Oxford Mining projects.

Friends of Perry State Forest say it discovered 62 Ohio Department of Natural Resources permit violations by Oxford in Perry County between 1995 and 2018, information the group reportedly obtained through a public records request.

Those violations reportedly include seven instances of "acid water" and 10 blasting violations. Workers expect to blast as close as 1,000 feet to public or commercial buildings, schools, churches and dwellings, according to Oxford's application with the Department of Natural Resources.

"Blasting is out of the jurisdiction of Ohio EPA," EPA officials stated in their responses.

That would fall under the Ohio Department of Natural Resources, said Brent Heavilin, the coal permit manager at the agency's Division of Mineral Resources Management.

"This is what makes it difficult for public input, because everyone wants to point the finger at everyone else," Ketcham said.

Heavilin said he knows of Oxford's permit violations, but could not confirm the number. Any significant violations could lead a company to receive a block in the Applicant Violator System, maintained by the Office of Surface Mining Reclamation and Enforcement under the U.S Department of the Interior, he said.

The ODNR would need to verify that no blocks exist before issuing the permit. Heavilin said he is not aware of any blocks currently against Oxford.

Friends of Perry State Forest are considering multiple options to combat the project, including appealing to the Environmental Review Appeal Commission.

The company would also need a mining permit from ODNR to proceed. The agency sent Oxford a revision letter last week with questions, Heavilin said.

Agency officials have previously indicated that the agency will hold a public meeting in New Lexington regarding the matter in late January or early February, Ketcham said. An exact date has not yet been determined, Heavilin said.